A widely used over-the-counter laxative product is one of the latest targets in nationwide medical product liability litigation.  According to complaints filed in over 50 lawsuits in at least 20 jurisdictions, C.B. Fleet Company’s Phospho-soda product, used commonly to prepare patients for colonoscopies and surgical procedures, has allegedly caused kidney failure and even death in some cases.

Phospho-soda is a sodium phosphate solution taken orally by patients to cleanse their bowels in preparation for various types of medical procedures.  It is among of the best-selling products of its kind, having been on the market for over 100 years.  While the FDA has approved a single-dose application of Phospho-soda, C.B. Fleet has promoted a double-dose application for colon-rectal examination patients without FDA certification since the early 1990s.  In fact, in May 2006, an FDA alert specifically identifying Phospho-soda warned of the side effects associated with excessive sodium phosphate dosages in light of 21 cases of phosphate-related kidney failure, known as acute phosphate nephropathy.

The first Phospho-soda trial is set to commence in October in California.  Lawsuits have also been filed in Minnesota and Virginia, among other states.